SRC-JRN S.B. 471 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 471
By: Luna
Education
4-24-97
As Filed


DIGEST 

Currently, a person who is at least five years of age and under 21 is
entitled to receive certain benefits of the available school fund for that
year.  Because students who are between the ages of 18 and 21 are allowed
to attend school voluntarily, there is no mandatory attendance requirement
for these students to receive the benefits.  This bill provides that a
person who is at least five years of age and under 20 is entitled to the
benefits of the available school fund, but sets forth certain penalties if
a person does not attend school. 

PURPOSE

As proposed, S.B. 471 provides that a person who is five years of age and
under 20 is entitled to the benefits of the available school fund.  Sets
forth certain penalties if a person does not attend school. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 25.001(a) and (b), Education Code, to provide
that a person who is at least five years of age and under 20, rather than
21, on the first day of September of any school year is entitled to
certain benefits of the available school fund.  Provides that a person who
is 20 years of age or older on the first day of September is entitled to
the benefits of the fund for that school year only to the extent that
entitlement to those benefits is required by federal law.  Makes
conforming changes. 

SECTION 2. Amends Section 25.002(f), Education Code, to authorize a school
district to require the person who enrolls a child to provide school
district employees with identification, including the person's driver's
license.  Authorizes the school district to retain a copy of the
identification provided. Makes conforming changes. 

SECTION 3. Amends Section 25.085, Education Code, to require a person who
voluntarily enrolls in school after completing the academic year in which
the person's 17th birthday occurred to attend school each school day for
the entire period the program of instruction is offered. 

SECTION 4. Amends Section 25.087(a), Education Code, to provide that a
person, rather than a child, required to attend school, including a person
to whom Section 25.085(e) applies, may be excused from temporary absences
for acceptable causes.  Makes a conforming change. 

SECTION 5. Amends Chapter 25C, Education Code, by adding Section 25.097,
as follows: 

Sec. 25.097. FAILURE OF PERSON VOLUNTARILY ENROLLED IN SCHOOL TO ATTEND.
Requires a school attendance officer to warn a person in writing that
school attendance is immediately required under certain conditions.  Sets
forth conditions of an offense.  Sets forth requirements for the
attendance officer filing a complaint.  Provides that an offense under
this section is a Class C misdemeanor.  Requires fines collected under
this section to be deposited in the same manner as fines collected under
Section 25.093(f). Provides that an authorized employee of the school
district may present the attendance  records of a person charged with an
offense.  Sets forth actions that a school district may take if a person
is found by a justice court to have committed more than one offense under
this section during a semester. 

SECTION 6. Provides that this Act takes effect beginning with the
1997-1998 school year. 

SECTION 7. Emergency clause.
  Effective date: upon passage.